77-506. Conversion of proceedings. (a) At any point in a state agency proceeding the presiding officer or other state agency official responsible for the proceeding:
(1) May convert the proceeding to another type of state agency proceeding if the conversion is appropriate, is in the public interest and does not substantially prejudice the rights of any party; and
(2) if required by any provision of law, shall convert the proceeding to another type of state agency proceeding.
(b) A conversion of a proceeding of one type to a proceeding of another type may be effected only upon notice to all parties to the original proceeding.
(c) If the presiding officer or other state agency official responsible for the original proceeding would not have authority over the new proceeding to which it is to be converted, that officer or official, in accordance with state agency procedure, shall secure the appointment of a successor to preside over or be responsible for the new proceeding.
(d) The record of the original state agency proceeding may be used in the new state agency proceeding.
(e) After a proceeding is converted from one type to another, the presiding officer or other state agency official responsible for the new proceeding shall:
(1) Give such additional notice to parties or other persons as is necessary to satisfy the requirements pertaining to those proceedings;
(2) dispose of the matters involved without further proceedings if sufficient proceedings have already been held to satisfy the requirements pertaining to the new proceedings; and
(3) conduct or cause to be conducted any additional proceedings necessary to satisfy the requirements pertaining to those proceedings.
History: L. 1984, ch. 313, § 6; L. 1988, ch. 356, § 2; July 1, 1989.
Structure Kansas Statutes
Chapter 77 - Statutes; Administrative Rules And Regulations And Procedure
Article 5 - Administrative Procedure Act
77-503 Application and construction; computing period of time.
77-503a Information not disclosed in public record; when.
77-505 Informal settlements; alternative dispute resolution.
77-506 Conversion of proceedings.
77-508 Hearings, not required in certain circumstances.
77-512 Orders affecting licensure; requirements.
77-513 Hearings, applicable procedures.
77-515 Participation and representation.
77-516 Prehearing conference; notice.
77-517 Prehearing conference; procedure; prehearing order.
77-519 Pleadings, motions, objections, briefs; service.
77-522 Discovery; authorization; requests; subpoenas, discovery orders and protective orders.
77-524 Evidence; official notice.
77-525 Ex parte communications; exemption for certain agencies.
77-526 Orders, initial and final; exception for state corporation commission.
77-527 Review of initial order; exceptions to reviewability.
77-530 Orders, when effective.
77-531 Service of order or notice.
77-533 Conference hearing; use, when.
77-535 Disclosure of material or essential facts.
77-536 Emergency proceedings; use, when; procedure.
77-537 Summary proceedings; use, when; right to request hearing; orders, contents.
77-542 Right to request hearing; statement filed.
77-547 Same; administrative proceedings; agency head, defined.
77-550 Division of property valuation; administrative proceedings; agency head, designation.
77-551 Hearing of state agencies; presiding officer.
77-561 Office of administrative hearings; director; employees.
77-563 Same; officers and employees transferred; benefits and rights.
77-564 Same; conflicts as to power, function or duty to be resolved by governor.
77-565 Same; legal custody of records transferred; no abatement of suits, actions or proceedings.